LAW-F26-IPLAW-08 COMPREHENSIVE MOCK EXAM PREDICTOR 2026 Q&A
Which of the following is NOT one of the five fundamental criteria for
patentability under international patent law?
A. Novelty
B. Inventive step (non-obviousness)
C. Commercial success
D. Industrial applicability
Correct Answer: C
Explanation: Commercial success is not a patentability criterion.
The five fundamental criteria are: patentable subject matter,
novelty, inventive step, industrial applicability, and sufficient
disclosure. Commercial success may be evidence of inventiveness but
is not required.
Under the Patent Cooperation Treaty (PCT), when does an international
patent application become publicly published?
A. Immediately upon filing
B. 6 months after the filing date
C. 12 months after the filing date
D. 18 months after the filing date
Correct Answer: D
Explanation: PCT applications are published internationally 18
months after the priority/filing date. This is a standard provision
under the PCT that ensures public disclosure while giving applicants
time to decide on national phase entry.
A pharmaceutical company files a patent for a new formulation of an
existing drug. The patent office rejects it claiming it is a new form of a
known substance without enhanced efficacy. Which legal principle
applies?
A. Doctrine of equivalents
B. Section 3(d) requiring enhanced efficacy (Novartis v. Union of
India, 2013)
, C. First-to-file principle
D. Compulsory licensing doctrine
Correct Answer: B
Explanation: Section 3(d) of the Patents Act requires enhanced
efficacy for new forms of known substances. The Novartis case
(2013) established that mere reduction of side effects without
enhanced therapeutic efficacy is insufficient.
Which international treaty establishes the "national treatment" principle
requiring member countries to provide the same IP protection to
foreigners as they provide to their own nationals?
A. Berne Convention
B. Paris Convention for the Protection of Industrial Property
C. TRIPS Agreement
D. Hague Agreement
Correct Answer: B
Explanation: The Paris Convention (1883) established the national
treatment principle for industrial property. While TRIPS
incorporates this principle, the Paris Convention is the original
source.
An inventor creates a mechanical device and publicly discloses it in a
seminar before filing a patent application. What is the likely
outcome?
A. Patent will be granted because disclosure was voluntary
B. Patent will be rejected because public disclosure destroys novelty
C. Patent will be granted with a 6-month grace period
D. Patent will be granted only in countries with grace period
provisions
Correct Answer: B
Explanation: Public disclosure before filing destroys novelty under
most patent systems (Section 25, Patents Act). This is prior art that
prevents patentability unless a specific grace period applies.
,Which organization handles the administration of international patent
applications under the PCT?
A. USPTO (United States Patent and Trademark Office)
B. WIPO (World Intellectual Property Organization)
C. EPO (European Patent Office)
D. ISO (International Organization for Standardization)
Correct Answer: B
Explanation: WIPO's International Bureau administers the PCT
system and handles international patent applications. USPTO and
EPO can serve as receiving offices but WIPO manages the overall
system.
Under the "first-to-file" patent system, who receives patent rights?
A. The first person to invent the technology
B. The first person to apply for the patent
C. The person with the best commercial implementation
D. The person who publishes first
Correct Answer: B
Explanation: First-to-file systems grant rights to the first applicant,
regardless of who invented first. This is the standard in most
countries now. The US abandoned first-to-invent in favor of first-to-
file under the AIA (2011).
Which of the following is NOT patentable subject matter under most
international patent systems?
A. A newly discovered mathematical formula
B. A novel chemical composition
C. A new industrial machine
D. A unique pharmaceutical drug
Correct Answer: A
Explanation: Mathematical formulas, abstract theories, and
, discoveries without technical application are not patentable. They
lack inventive step and industrial applicability as they are
considered discoveries rather than inventions.
What is the primary purpose of Article 27 of the TRIPS Agreement?
A. Establishing copyright protection standards
B. Defining patentable subject matter and minimum protection
standards
C. Creating trademark registration procedures
D. Setting geographical indication requirements
Correct Answer: B
Explanation: TRIPS Article 27 establishes that patents shall be
available for any inventions (products or processes) in all fields of
technology, provided they are new, involve inventive step, and are
capable of industrial application.
A company registered trademark "CROCS" for footwear. Another sells
"CROGS." What is the deciding factor for trademark infringement?
A. Exact spelling match
B. Likelihood of confusion among consumers
C. Price difference between products
D. Market share of the original company
Correct Answer: B
Explanation: Trademark infringement depends on likelihood of
confusion, not exact spelling. If consumers might confuse "CROGS"
with "CROCS," infringement occurs. This is the core principle of
trademark law.
Under European Patent Law, when must an applicant enter the national
phase of a PCT application?
A. 12 months from filing
Which of the following is NOT one of the five fundamental criteria for
patentability under international patent law?
A. Novelty
B. Inventive step (non-obviousness)
C. Commercial success
D. Industrial applicability
Correct Answer: C
Explanation: Commercial success is not a patentability criterion.
The five fundamental criteria are: patentable subject matter,
novelty, inventive step, industrial applicability, and sufficient
disclosure. Commercial success may be evidence of inventiveness but
is not required.
Under the Patent Cooperation Treaty (PCT), when does an international
patent application become publicly published?
A. Immediately upon filing
B. 6 months after the filing date
C. 12 months after the filing date
D. 18 months after the filing date
Correct Answer: D
Explanation: PCT applications are published internationally 18
months after the priority/filing date. This is a standard provision
under the PCT that ensures public disclosure while giving applicants
time to decide on national phase entry.
A pharmaceutical company files a patent for a new formulation of an
existing drug. The patent office rejects it claiming it is a new form of a
known substance without enhanced efficacy. Which legal principle
applies?
A. Doctrine of equivalents
B. Section 3(d) requiring enhanced efficacy (Novartis v. Union of
India, 2013)
, C. First-to-file principle
D. Compulsory licensing doctrine
Correct Answer: B
Explanation: Section 3(d) of the Patents Act requires enhanced
efficacy for new forms of known substances. The Novartis case
(2013) established that mere reduction of side effects without
enhanced therapeutic efficacy is insufficient.
Which international treaty establishes the "national treatment" principle
requiring member countries to provide the same IP protection to
foreigners as they provide to their own nationals?
A. Berne Convention
B. Paris Convention for the Protection of Industrial Property
C. TRIPS Agreement
D. Hague Agreement
Correct Answer: B
Explanation: The Paris Convention (1883) established the national
treatment principle for industrial property. While TRIPS
incorporates this principle, the Paris Convention is the original
source.
An inventor creates a mechanical device and publicly discloses it in a
seminar before filing a patent application. What is the likely
outcome?
A. Patent will be granted because disclosure was voluntary
B. Patent will be rejected because public disclosure destroys novelty
C. Patent will be granted with a 6-month grace period
D. Patent will be granted only in countries with grace period
provisions
Correct Answer: B
Explanation: Public disclosure before filing destroys novelty under
most patent systems (Section 25, Patents Act). This is prior art that
prevents patentability unless a specific grace period applies.
,Which organization handles the administration of international patent
applications under the PCT?
A. USPTO (United States Patent and Trademark Office)
B. WIPO (World Intellectual Property Organization)
C. EPO (European Patent Office)
D. ISO (International Organization for Standardization)
Correct Answer: B
Explanation: WIPO's International Bureau administers the PCT
system and handles international patent applications. USPTO and
EPO can serve as receiving offices but WIPO manages the overall
system.
Under the "first-to-file" patent system, who receives patent rights?
A. The first person to invent the technology
B. The first person to apply for the patent
C. The person with the best commercial implementation
D. The person who publishes first
Correct Answer: B
Explanation: First-to-file systems grant rights to the first applicant,
regardless of who invented first. This is the standard in most
countries now. The US abandoned first-to-invent in favor of first-to-
file under the AIA (2011).
Which of the following is NOT patentable subject matter under most
international patent systems?
A. A newly discovered mathematical formula
B. A novel chemical composition
C. A new industrial machine
D. A unique pharmaceutical drug
Correct Answer: A
Explanation: Mathematical formulas, abstract theories, and
, discoveries without technical application are not patentable. They
lack inventive step and industrial applicability as they are
considered discoveries rather than inventions.
What is the primary purpose of Article 27 of the TRIPS Agreement?
A. Establishing copyright protection standards
B. Defining patentable subject matter and minimum protection
standards
C. Creating trademark registration procedures
D. Setting geographical indication requirements
Correct Answer: B
Explanation: TRIPS Article 27 establishes that patents shall be
available for any inventions (products or processes) in all fields of
technology, provided they are new, involve inventive step, and are
capable of industrial application.
A company registered trademark "CROCS" for footwear. Another sells
"CROGS." What is the deciding factor for trademark infringement?
A. Exact spelling match
B. Likelihood of confusion among consumers
C. Price difference between products
D. Market share of the original company
Correct Answer: B
Explanation: Trademark infringement depends on likelihood of
confusion, not exact spelling. If consumers might confuse "CROGS"
with "CROCS," infringement occurs. This is the core principle of
trademark law.
Under European Patent Law, when must an applicant enter the national
phase of a PCT application?
A. 12 months from filing
